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(영문) 대구지방법원 경주지원 2018.08.16 2018고단436
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On March 19, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court and Racing Support, and on April 1, 2011, issued a summary order of KRW 2 million for the same crime from the same support.

[Criminal facts] On May 13, 2018, the Defendant driven a lux car under the influence of alcohol content of about 0.120% in the Gu 3km from the front day of the lux apartment in Ansan-gu, Chungcheongnam-si, Chungcheongnam-si to the front day of the Taekwondo day located in the same Ri, on May 13, 2018.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notice of the result of crackdown on driving drinking;

1. Written response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Application of the Acts and subordinate statutes of the inquiry letter;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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